Lessee of Canby v. Porter
Ohio Supreme Court
This is an Action of Ejectment upon an agreed state of facts,, from Warren county. The defendant is in possession of the premises by virtue of a deed, made since his marriage, and conveying to his wife, Thalia, an estate in fee. The plaintiff makes title by a regular sheriff’s sale, of the same lands, under a judgment rendered against Robert Porter.
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This is an Action of Ejectment upon an agreed state of facts,, from Warren county. The defendant is in possession of the premises by virtue of a deed, made since his marriage, and conveying to his wife, Thalia, an estate in fee. The plaintiff makes title by a regular sheriff’s sale, of the same lands, under a judgment rendered against Robert Porter. If Porter, holding the land in right of his wife, and after issue born, has an estate capable of being passed by a sale under execution, the plaintiff may recover.
1Opinion of the CourtLane, C. J.
We have been furnished with no argument by the defendant; but the plaintiff’s right to recover seems plain. For the interest of the husband is a legal estate : it is a freehold during the joint lives of himself and wife, with a freehold in remainder to himself for life, as tenant by the curtesy, and a remainder to the wife and her heirs, in fee. It is a certain and determinate interest, whose value may be easily ascertained by reference to well known rules. It is, in every sense, his “ land,” within the meaning of the statute, and liable to respond for his debts.
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2Cited by1 opinion
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